Impeachment verdict: dismissal or rejection looms for President Yoon

Mar 17, 2025, 11:20 am

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As the impeachment trial of President Yoon Suk-yeol approached, police officers are on high alert in front of the Constitutional Court in Seoul on March 16, 2025./ Photographed by reporter Park Sung-il

AsiaToday reporter Kim Im-soo

The Constitutional Court's ruling on President Yoon Suk-yeol's impeachment trial is expected to result in a "dismissal" if announced this week, or a "rejection" if announced next week. Procedural flaws, such as the withdrawal of the main impeachment charge of rebellion and violations of Article 32 of the Constitutional Court Act, have become evident. As a result, the possibility of a "dismissal," which avoids a conclusion due to procedural inadequacies, is being raised over a "rejection."

Heo Young, an emeritus professor at Kyung Hee University Law School and a leading constitutional scholar, argued in his opinion submitted to the Constitutional Court that the impeachment motion is invalid due to the loss of "identity of prosecution" following the withdrawal of the rebellion charge, and the lack of a National Assembly resolution for the withdrawal of the impeachment charges. Heo, the author of the authoritative textbook "Korean Constitutional Law," emphasized that the case should be dismissed.

Attorney Choi Jin-young suggested that the delay in reaching a conclusion might be due to unresolved factual issues. He speculated that the court might opt for an 8-0 unanimous dismissal rather than a divided decision of acceptance or rejection, as this would minimize post-ruling confusion in the country.

The Constitutional Court's eight justices have been holding daily deliberations on the impeachment trial but have not yet reached a verdict on whether to accept, reject, or dismiss the case, according to an official of the Constitutional Court on Sunday.

The presiding justice for the impeachment trial, Jeong Hyeong-sik, known for his conservative stance and meticulous legal reasoning, is reportedly pushing for an 8-0 unanimous dismissal, citing procedural flaws. However, progressive justices Lee Mi-seon and Jeong Gye-seon, along with centrist justice Jeong Jeong-mi, are reportedly resisting this push.

These three justices had previously ruled in favor of the impeachment of Lee Jin-sook, the chairperson of the Korea Communications Commission, and issued a separate opinion acknowledging partial violations of the Constitution and the Board of Audit and Inspection Act in the impeachment trial of Choi Jae-hae, the chairman of the Board of Audit and Inspection.

A legal expert suggested that if an unanimous dismissal is not achieved this week, the ruling might be postponed to next week, potentially leading to a rejection.

Meanwhile, if President Yoon's impeachment trial is dismissed or rejected, it is expected to accelerate the judicial process for Lee Jae-myung, the leader of the main opposition Democratic Party (DP). This is because it would demonstrate that the impeachment of the incumbent president was aimed at eliminating the opposition leader's judicial risks and seizing power, thereby increasing public support for judicial accountability.

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